2. The stories behind the cases: the Bhopal disaster, the devastation of the Ecuadorian Amazon, and the abuse and murder of Dr Kiobel;

3. The problem of the missing forum;

4. The business case for the ICCJ;

5. Institutional and procedural features of an ICCJ; Conclusion.

"When multinational corporations cause mass harms to lives, livelihoods, and the environment in developing countries, it is nearly impossible for victims to find a court that can and will issue an enforceable judgment. In this work, Professor Maya Steinitz presents a detailed rationale for the creation of an International Court of Civil Justice (ICCJ) to hear such transnational mass tort cases. The world's legal systems were not designed to solve these kinds of complex transnational disputes, and the absence of mechanisms to ensure coordination means that victims try, but fail, to find justice in country after country, court after court. The Case for an International Court of Civil Justice explains how an ICCJ would provide victims with access to justice and corporate defendants with a non-corrupt forum and an end to the cost and uncertainty of unending litigation - more efficiently resolving the most complicated types of civil litigation"-- Provided by publisher.

Controversy surronding the use of the same neutral (arb)-med-arb : advantages and concerns associated with the practice

Influence of practitioners' legal culture on their perception and use of the same neutral (arb)-med-arb

Results of an empirical study of the use of mediation and arbitration in combination

Involvement of different neutrals in combinations as a way to address concerns associated with the same neutral (arb)-med-arb

Procedural modifications of the same neutral (arb)-med-arb as a way to address concerns associated with the process

Safeguards for using the same neutral (arb)-med-arb as a way to address concerns associated with the process

Initiatives to enhance the use of the same neutral (arb)-med-arb and other combinations in international commercial dispute resolution.

Securing fast, inexpensive, and enforceable redress is vital for the development of international commerce. In a changing international commercial dispute resolution landscape, the combined use of mediation and arbitration has emerged as a dispute resolution approach which offers these benefits. However, to date there has been little agreement on several aspects of the combined use of processes, which the literature often explains by reference to the practitioner's legal culture, and there is debate as to how appropriate it is for the same neutral to conduct both mediation and arbitration. Identifying the main ways of addressing concerns associated with the same neutral conducting both mediation and arbitration (same neutral (arb)-med-arb), this book examines how effectively these methods achieve the goal of fast, inexpensive, and enforceable dispute resolution, evaluating to what extent the perception and use of the same neutral (arb)-med-arb depends on the practitioner's legal culture, arguing that this is not a `one-size-fits-all' process. Presenting an empirical study of the combined use of mediation and arbitration in international commercial dispute resolution, this book synthesises existing ways of addressing concerns associated with the same neutral (arb)-med-arb to provide recommendations on how to enhance the use of combinations in the future. (source: Nielsen Book Data) 9781138478404 20181217

The law of contracts in a pre-commercial or agricultural survival society

Roman law

Medieval law

Guilds and the capitalist system and Marxist legal systems

The Latin notariat and contemporary contracts

The French code civil : key politics and drafting method

The birth of a continental European commercial law : fair and commercial courts

The Code de commerce of 1807

Socio-economic context of Germany's civil and commercial codes

The codification of the German civil and commercial codes

Customs and usages as sources of law in representative codes

Latin American codification and its all-important colonial background

Soviet commercial contract law

The peculiar meaning of Soviet and post-Soviet commercial contracts : an invertebrate legal system

Chinese imperial, mostly living, law of contracts

Contracts and litigation in imperial and Mao's China

Contemporary land and moveable property transactions in the PRC

Socio-economic and legal contexts and English commercial contracts

The socio-economic and legal contexts of U.S. commercial contracts

Formation of contracts ceremony or conduct?

Good faith and reasonableness in the interpretation of commercial contracts

Drafting commercial practices and the growth of commercial contract law

Brief overview of commercial trial procedure

Pre-contractual liability : culpa in contrahendo

Excuses for non-performance of contracts

Extrajudicial remedies and the remedy of specific performance

Judicial and extrajudicial termination

Damages for breach of warranty in U.S. law and economic analysis.

This work offers a contextual comparative analysis of commercial contracts from their origin until the present time. It studies their positive and living law in countries and regions representative of major legal systems and business cultures: Classical Rome, Medieval Europe and the Middle East, Codification Europe (especially France and Germany), Post-Colonial Latin America, the Soviet Union, the Peoples' Republic of China, England (eighteenth and nineteenth centuries), and Post-Colonial United States. It identifies contractual concepts, principles, rules, doctrines, methods of reasoning and commercial practices that have contributed most to mankind's economic development. Finally, it explains how certain selfish and altruistic components of standard and fiduciary commercial and financial practices combine to cause the necessary trust and cooperation that makes possible both economic growth and legal institutional longevity. (source: Nielsen Book Data) 9781640204126 20181227

Regulating the practise of practice : on agency and entropy in legal ethics / Julian Webb.

This collection of essays explores the different ways the insights from complexity theory can be applied to law. Complexity theory - a variant of systems theory - views law as an emergent, complex, self-organising system comprised of an interactive network of actors and systems that operate with no overall guiding hand, giving rise to complex, collective behaviour in law communications and actions. Addressing such issues as the unpredictability of legal systems, the ability of legal systems to adapt to changes in society, the importance of context, and the nature of law, the essays look to the implications of a complexity theory analysis for the study of public policy and administrative law, international law and human rights, regulatory practices in business and finance, and the practice of law and legal ethics. These are areas where law, which craves certainty, encounters unending, irresolvable complexity. This collection shows the many ways complexity theory thinking can reshape and clarify our understanding of the various problems relating to the theory and practice of law. (source: Nielsen Book Data) 9780415786096 20181022

Is it possible for mediation to strengthen the effectiveness of international commercial arbitration?What is the role of mediation in the pursuit of restorative justice?How successful is international peace mediation, and in particular, the efforts of the African Union?These groundbreaking discussions, and more, have been carefully selected for publication in Contemporary Issues in Mediation Volume 3, featuring an entry from Brazil for the first time. The 12 essays cover a diverse range of topics, written by both new and experienced mediators. Practitioners may be especially interested in the section titled 'Mediation Skills', featuring essays that take a micro-perspective of the mediation process and the skills deployed by mediators. (source: Nielsen Book Data) 9789813270817 20181112

Focusing on femicide, this book provides a contemporary re-evaluation of Carol Smart's innovative approach to the law question as first outlined in her ground-breaking book, Feminism and the Power of Law (Routledge 1989). Smart advocated turning to the legal domain not so much for demanding law reforms as construing it as a site on which to contest gender and more particularly, gendered constructions of women's experiences. Over the last 30 to 40 years, feminist law scholars and activists have launched scathing trans-jurisdictional critiques of the operation of provocation defences in hundreds of femicide cases. The evidence unearthed by feminist scholars that these defences operate in profoundly sexed ways is unequivocal. Accordingly, femicide cases have become critically important sites for feminist engagement and intervention across numerous jurisdictions. Exploring an area of criminal law that was not one of Smart's own focal concerns, this book both honours and extends Smart's work by approaching femicide as a site of engagement and counter-discourse that calls into question hegemonic representations of gendered relationships. Femicide cases thus provide a way to continue the endlessly valuable discursive work Smart advocated and practised in other fields of law: both in articulating alternative accounts of gendered relationships and in challenging law's power to disqualify women's experiences of violence while privileging men's feelings and rights. (source: Nielsen Book Data) 9781138478626 20181210

In recent decades, corporations have increasingly accepted that they have obligations to respect the socio-economic rights of individuals whose rights to livelihoods, education, food, health, housing and water are affected by the actions of corporations on a daily basis. Despite this, it is often difficult for victims to bring corporations to court for violations of their socio-economic rights. Domestic constitutional systems provide, at best, fragile and limited protections against adverse corporate activities, while international responses have been lacking in creating obligations and accountability for corporations under socio-economic rights. The urgency of bolstering corporate accountability for socio-economic rights is therefore apparent. In light of this, this book asks whether corporations are required to observe socio-economic rights and if they are accountable for any violations. In doing so, it identifies and analyzes the theoretical foundations and the existing scope of corporate accountability arising from socio-economic rights at both national and international levels. Through careful analysis, Jernej Letnar Cernic exposes the stark need for greater clarity in the obligations and accountability of corporations, advocating a normative framework for corporate accountability for socio-economic rights in national legal orders which builds on existing mechanisms. (source: Nielsen Book Data) 9781138288782 20181217

What is the criminal law for? One influential answer is that the criminal law vindicates pre-political rights and condemns wrongdoing. On this account, the criminal law has an intrinsic subject matter-certain types of moral wrongdoing-and it provides a distinctive response to that wrongdoing, namely condemnatory punishment. 0In Criminal Law in the Age of the Administrative State, Vincent Chiao offers an alternative, public law account. What the criminal law is for, Chiao suggests, is sustaining social cooperation with public institutions. Consequently, we only have reason to support the use of the criminal law insofar as its use is consistent with our reasons for valuing the social order established by those institutions. By starting with the political morality of public institutions rather than the interpersonal morality of private relationships, this account shows how the criminal law is continuous with the modern administrative and welfare state, and why it is answerable to the same political virtues.0Chiao sketches a democratic egalitarian account of those virtues, one that is loosely consequentialist, egalitarian but not equalizing, and centered on a form of freedom-effective access to central capabilities-as its currency of evaluation. From this point of view, the role of the criminal law is to help public institutions create a society in which each person can lead a life as a peer among peers. Chiao shows how a democratic egalitarian approach to criminal justice provides a fresh perspective on a range of contemporary problems, from mass incarceration to overcriminalization, due process and the collateral consequences of a criminal conviction.

The rights of indigenous peoples in the jurisprudence of the Inter-American Court of Human Rights : 'a third world approaches to international law' assessment to advance their protection in the Inter-American Human Rights System / Salvador Herencia Carrasco

The 2005 draft Nordic Sámi Convention and the implementation of the right of the Sámi people to self-determination / Dorothée Cambou

The field of `critical indigenous rights studies' is a complex one that benefits from an interdisciplinary perspective and a realist (as opposed to an idealised) approach to indigenous peoples. This book draws on sociology of law, anthropology, political sciences and legal sciences in order to address emerging issues in the study of indigenous rights and identify directions for future research. The first part of the volume investigates how changing identities and cultures impact rights protection, analysing how policies on development and land, and processes such as migration, interrelate with the mobilisation of identities and the realisation of rights. In the second part, new approaches related to indigenous peoples' rights are scrutinised as to their potential and relevance. They include addressing legal tensions from an indigenous peoples' rights perspective, creating space for counter-narratives on international law and designing new instruments. Throughout the text, case studies with wide geographical scope are presented, ranging from Latin America (the book's focus) to Egypt, Rwanda and Scandinavia. (source: Nielsen Book Data) 9781138729339 20181029

Introduction to the interviews with Leaders in the Egyptian, Jordanian, and Moroccan Campaigns to Reform Family Laws and Eliminate Gender-based Violence Haleh Vaziri

11. Interview with Hoda Elsadda

12. Interview with Asma Khader

13. Interview with Rabea Naciri

14. Conclusion: Reflections on Recent Progress and Reversals in the War to Curb Violence against Women Ann Elizabeth Mayer.

(source: Nielsen Book Data)

Around the world, discriminatory legislation prevents women from accessing their human rights. It can affect almost every aspect of a woman's life, including the right to choose a partner, inherit property, hold a job, and obtain child custody. Often referred to as family law, these laws have contributed to discrimination and to the justification of gender-based violence globally. This book demonstrates how women across the world are contributing to legal reform, helping to shape non-discriminatory policies and to counter current legal and social justifications for gender-based violence. The book takes case studies from Brazil, India, Iran, Lebanon, Nigeria, Palestine, Senegal, and Turkey, using them to demosntrate in each case the varied history of family law and the wide variety of issues impacting women's equality in legislation. Interviews with prominent women's rights activists in three additional countries are also included, giving personal accounts of the successes and failures of past reform efforts. Overall, the book provides a complex global picture of current trends and strategies in the fight for a more egalitarian society. These findings come at a critical moment for change. Across the globe, family law issues are contentious. We are simultaneously witnessing an increased demand for women's equality and the resurgence of fundamentalist forces that impede reform, invoking rules rooted in tradition, culture, and interpretations of religious texts. The outcome of these disputes has enormous ramifications for women's roles in the family and society. This book tackles these complexities head on, and will interest activists, practitioners, students, and scholars working on women's rights and gender-based violence. (source: Nielsen Book Data) 9781138344938 20181227

The United Nations Convention against Corruption : the primary tool of the global anti-corruption regime

Corruption and anti-corruption in the South Pacific context : key actors, values, and interests

The case study of Papua New Guinea

Experience from the field : insight into the implementation and enforcement of the United Nations Convention against Corruption in Papua New Guinea

Seeking answers : understanding the United Nations Convention against Corruption and its role in Papua New Guinea

The final question : possibilities for the future and concluding remarks.

This book tackles the challenging topic of corruption. It explores the evolution of a global prohibition regime against corrupt activity (the global anti-corruption regime). It analyses the structure of the transnational legal framework against corruption, evaluating the impact of global anti-corruption efforts at a national level. The book focuses on the United Nations Convention against Corruption (UNCAC) as the primary tool of the global anti-corruption regime. It provides new and engaging material gathered in the field, including first-hand accounts from actors at international, regional, and domestic levels. By documenting the experiences of diverse actors, the book makes a substantial contribution to literature on corruption and anti-corruption efforts. Synthesising empirical research with an exploration of theoretical literature on corruption and regime evolution results in novel suggestions for improvement of the global anti-corruption regime and its legal tools. The Global Anti-Corruption Regime is a well-rounded text with a wealth of new information that will be valuable to both academic and policy audiences. It clarifies the factors that prevent current anti-corruption efforts from successfully eliminating corrupt activity and applies the five-stage model of global prohibition regime evolution to the global anti-corruption regime. It will be of interest to researchers, academics, policymakers, and students interested in anti-corruption law, comparative law, transnational criminal law, international law, international relations, politics, economics, and trade. (source: Nielsen Book Data) 9781138298927 20181210

This edited collection is the result of the Voices of Individuals: Collectively Exploring Self-determination (VOICES) based at the Centre for Disability Law and Policy, National University of Ireland Galway. Focusing on the exercise of legal capacity under Article 12 of the UN Convention on the Rights of Persons with Disabilities, the stories of people with disabilities are combined with responses from scholars, activists and practitioners, addressing four key areas: criminal responsibility, contracts, consent to sex, and consent to medical treatment. Sustainable law and policy reforms are set out based on the storytellers' experiences, promoting a recognition of legal capacity and supported decision-making. The perspectives are from across a wide range of disciplines (including law, sociology, nursing, and history) and 13 countries. The volume is a valuable resource for researchers, academics and legislators, judges or policy makers in the area of legal capacity and disability. It is envisaged that the book will be particularly useful for those engaged in legal capacity law reform processes worldwide and that this grounded work will be of great interest to legislators and policy makers who must frame new laws on supported decision making in compliance with the UNCRPD. (source: Nielsen Book Data) 9781138298910 20181022